BILL NUMBER: AB 1985	CHAPTERED  08/22/00

	CHAPTER   216
	FILED WITH SECRETARY OF STATE   AUGUST 22, 2000
	APPROVED BY GOVERNOR   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Members Leach, Bates, Cox, Cunneen, and
House

                        FEBRUARY 18, 2000

   An act to amend Sections 7520.5, 7529, and 7541.1 of the Business
and Professions Code, relating to private investigators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1985, Leach.  Private investigators:  licensing.
   The Private Investigator Act provides that the Department of
Consumer Affairs is responsible for licensing and regulating private
investigators. The act authorizes the Director of Consumer Affairs to
issue a provisional private investigator license to an applicant,
licensed as a private investigator in another state that provides
reciprocal provisional licensing for California's licensees, for a
maximum period of 90 days if specified conditions are met, including
the payment of a $50 fee and the submission of a valid set of the
applicant's fingerprints.
   This bill would delete the provisions for the issuance of a 90-day
provisional investigator license at a cost of $50 with submission of
a valid set of fingerprints and instead would authorize the director
to authorize a licensed private investigator from another state to
continue an investigation in California for 60 days under specified
conditions.
   The act provides for the issuance, through the department's Bureau
of Security and Investigative Services, of pocket cards containing
specified identifying information to persons licensed under the
provisions of the Private Investigator Act as evidence of licensure.
Under the act, a licensee is issued a standard pocket card at no
cost but upon his or her request may be issued an enhanced pocket
card composed of durable material for a specified fee.
   This bill would delete provisions allowing the bureau to issue a
standard pocket card at no cost to licensees and would require it to
issue a pocket card, composed of a durable material, to all licensees
for a specified fee.
   The act requires an applicant for a license as a private
investigator to have a specified amount of experience in activities
performed in connection with investigations and performed while
employed in specified capacities.
   This bill would add experience by persons trained as investigators
who are employed by a public defender to conduct investigations to
the experience in investigative work qualifying an applicant for
licensure as a private investigator.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7520.5 of the Business and Professions Code is
amended to read:
   7520.5.  The director may authorize a licensed private
investigator from another state to continue in this state for 60 days
an investigation that originated in the state which is the location
of the private investigator's principal place of business if that
state provides reciprocal authority for California's licensees.  The
private investigator shall notify the department in writing upon
entering the state for the purpose of continuing an investigation and
shall be subject to all provisions of this chapter.  For purposes of
this section, "originated" means investigatory activities conducted
subsequent to an agreement to conduct an investigation.
  SEC. 2.  Section 7529 of the Business and Professions Code is
amended to read:
   7529.  Upon the issuance of a license, a pocket card of the size,
design, and content as may be determined by the director shall be
issued by the bureau to each licensee, if an individual, or if the
licensee is a person other than an individual, to its manager and to
each of its officers and partners.  The pocket card is evidence that
the licensee is licensed pursuant to this chapter.  The card shall
contain the signature of the licensee, signature of the chief, and a
photograph of the licensee, or bearer of the card, if the licensee is
other than an individual.  The card shall clearly state that the
person is licensed as a private investigator or is the manager or
officer of the licensee.  The pocket card is to be composed of a
durable material and may incorporate technologically advanced
security features.  The bureau may charge a fee sufficient to
reimburse the department's costs for furnishing the pocket card.  The
fee charged may not exceed the actual direct costs for system
development, maintenance, and processing necessary to provide this
service, and may not exceed sixteen dollars ($16).  When a person to
whom a card is issued terminates his or her position, office, or
association with the licensee, the card shall be surrendered to the
licensee and within five days thereafter shall be mailed or delivered
by the licensee to the bureau for cancellation.  Every person, while
engaged in any activity for which licensure is required, shall
display his or her valid pocket card as provided by regulation.
  SEC. 3.  Section 7541.1 of the Business and Professions Code is
amended to read:
   7541.1.  (a) Notwithstanding any other provision of law,
experience for purposes of taking the examination for licensure as a
private investigator shall be limited to those activities actually
performed in connection with investigations, as defined in Section
7521, and only if those activities are performed by persons who are
employed in the following capacities:
   (1) Sworn law enforcement officers possessing powers of arrest and
employed by agencies in the federal, state, or local government.
   (2) Military police of the armed forces of the United States or
the national guard.
   (3) An insurance adjuster or their employees subject to Chapter 1
(commencing with Section 14000) of Division 5 of the Insurance Code.

   (4) Persons employed by a private investigator who are duly
licensed in accordance with this chapter.
   (5) Persons employed by repossessors duly licensed in accordance
with Chapter 11 (commencing with Section 7500), only to the extent
that those persons are routinely and regularly engaged in the
location of debtors or the location of personal property utilizing
methods commonly known as "skip tracing."  For purposes of this
section, only that experience acquired in that skip tracing shall be
credited toward qualification to take the examination.
   (6) Persons duly trained and certified as an arson investigator
and employed by a public agency engaged in fire suppression.
   (7) Persons trained as investigators and employed by a public
defender to conduct investigations.
   (b) For purposes of Section 7541, persons possessing an associate
of arts degree in police science, criminal law or justice from an
accredited college shall be credited with 1,000 hours of experience
in investigative activities.
   (c) The following activities shall not be deemed to constitute
acts of investigation for purposes of experience toward licensure:
   (1) The serving of legal process or other documents.
   (2) Activities relating to the search for heirs or similar
searches which involve only a search of public records or other
reference sources in the public domain.
   (3) The transportation or custodial attendance of persons in the
physical custody of a law enforcement agency.
   (4) The provision of bailiff or other security services to a court
of law.
   (5) The collection or attempted collection of debts by telephone
or written solicitation after the debtor has been located.
   (6) The repossession or attempted repossession of personal
property after that property has been located and identified.
   (d) Where the activities of employment of an applicant include
those which qualify as bona fide experience as stated in this section
as well as those which do not qualify, the director may, by
delegation to the bureau, determine and apportion that percentage of
experience for which any applicant is entitled to credit.
